Fleming (Flem) PACK

1835 - 1905  (~ 70 years)

• Name	Fleming (Flem) PACK
  	Name also spelled Fleman or Flemon in some documents.
  Born	Aug 1835	Patrick Co. VA
  Gender	Male
  _UID	01E1806ACC43493EAD2D6832EEDFA5256DEB
  Died	1 Dec 1905	Baptist Valley, Tazewell Co. VA
  Notes	CENSUS RECORDS 1850 United States Federal Census Name: Fleming Pack Age: 14 Birth Year: abt 1836 Birthplace: Virginia Home in 1850: Western District, Tazewell, Virginia Family Number: 1286 Household Members: Jno Pack 45 Matilde Pack 40 Isham Pack 16 Fleming Pack 14 Crocket Pack 12 Trnsell Pack 10 [Tinsley] Sarah Pack 8 Cynthia Pack 7 Wm Pack 5 Elenor Pack 3 1860 United States Federal Census Name: Fleming Pack Age in 1860: 23 Birth Year: abt 1837 Birthplace: Virginia Home in 1860: Western District, Tazewell, Virginia Gender: Male Post Office: Knob and Cedar Bluff Household Members: Fleming Pack 23 Rebecca J Pack 23 1870 United States Federal Census Name: Fleming Pack Age in 1870: 35 Birth Year: abt 1835 Birthplace: North Carolina Home in 1870: Maiden Spring, Tazewell, Virginia Race: White Gender: Male Post Office: Knob Occupation: Farm Laborer Household Members: Fleming Pack 35 Rebecca T Pack 30 Levi Pack 7 James Pack 9 William Pack 5 Eliza Pack 14 John Pack 1 1880 United States Federal Census Name: Fleming Pack Age: 40 Birth Year: abt 1840 Birthplace: Virginia Home in 1880: Maiden Spring, Tazewell, Virginia Race: White Gender: Male Relation to Head of House: Self (Head) Marital Status: Widower Father's Birthplace: Virginia Mother's Birthplace: Virginia Occupation: Farmer Household Members: Fleming Pack 40 Louisa Pack 18 Leova Pack 16 William Pack 12 John Pack 10 Margret Pack 7 1900 United States Federal Census a Name: Fleniners Pack [Fleming] Age: 64 Birth Date: Aug 1835 Birthplace: Virginia Home in 1900: Big Creek, McDowell, West Virginia Race: White Gender: Male Relation to Head of House: Head Marital Status: Widowed Father's Birthplace: Virginia Mother's Birthplace: Virginia Household Members: Flemming Pack 64 Liza Pack 32 James Pack 9 Mandy Buster 44 [servant] his sister Crocket Buster 18 [servant's son] nephew Matilda Buster 15 [servant's daughter] niece ---------- Owned a lot of land around Berwind, WV. [See his second wife's will below and the court case from this land.] One his sons died as a child, and was buried under the water tank. (Source Ella Pack Whitaker) This could have been Levi. Older family members gave Jane Burress as another wife. She could have been this third wife, but this had not been confirmed, and I suspect they have her confused with his first wife, Rebecca J. [Jane ?] Burruss. First name is spelled Flemon in Tazewell County deeds and land transfers. NEWSPAPER ARTICLES Clinch Valley News; 28 October 1904 Mistake Corrected Pounding Mill, Va., J. A. Leslie, Ed., Oct. 25, 1904. Tazewell, Va. Dear Sir; I desire to correct a misstatement of J. F. Griffith published in your paper of the 21st. inst. Mr. Griffith states that Flem Pack was turned down at Pounding Mill, because he had failed to pay his capitation tax. This is not true. Mr. Pack was a good soldier and Is exempt from the prepayment of his tax as a prerequisite to voting. Mr. Pack never has made application to register since the 1st of January, 1904, at Pounding Mill. I would like for Mr. Griffith to give his author for the information he obtained with regard to Mr. Pack. Yours truly, W C Williams --------------- DEATH Clinch Valley News; 12 Jan 1906 Flem Pack died at his home in Baptist Valley on Dec 1 at the age of 60 years. DEEDS Sale of Lands from Flemming Pack to William and Angeline Pack (1903) Transcribed by Cheryl Duke THIS DEED made this 8th day of Sept. in the year one thousand nine hundred and three between Flemon (sic) Pack, parties of the first part, and William Pack & Angeline Pack, his wife, parties of the second part. WITNESSETH That in consideration of the sum of One Hundred and fifty Dollars in hand paid the receipt whereof is hereby acknowledged for one tract of land hereafter described, the said Flemon Pack does grant unto the said William Pack and Angeline Pack with general warranty, all that certain tract or parcel of land lying and being in the County of Tazewell and State of Va., being a part of the home tract containing fifty acres more or less beginning at Moses Beavers' corner, running up the public road three hundred and 33 yards to a stake in middle of road; thence a due southerly course to the top of Sugar Camp Mountain; thence running with top of said Mountain to Moses Beavers' line and with said line to the beginning. It is further stipulated in this deed that the said William Pack shall have this land during their life time and at their death it shall be the property of their children to have and to hold. The said Flemon Pack covenant that he has the right to convey the said land to the grantee; that he has done no act to encumber the said land; that the grantee shall have quiet possession of the said land free from all encumbrances, and that the said party of the first part will execute such further assurance of the said land as may be requisite. Witness the following signature and seal. Flemon Pack (SEAL) STATE OF VIRGINIA, COUNTY OF TAZEWELL, to-wit: I, J. R. Sparks, a Notary Public in and for the County aforesaid, in the State of Virginia, do certify that Flemon Pack whose name is signed to the foregoing writing bearing date on the 8th day of Sept., 1903 has acknowledged the same before me in my County aforesaid. Given under my hand this 8 day of Sept., 1903. J. R. Sparks. My commission expires March 11th, 1906. VIRGINIA TAZEWELL COUNTY to-wit: In the Office of Tazewell County Court the 9th day of Sept., 1903, This deed was presented and, with the certificates annexed, admitted to record. Teste: T. E. George, Clerk. A true copy. ---------------- Tazewell Co. VA Dee Book 53, page 190 Flemon Pack to William Pack. THIS DEED made this March 22, 1904 between Flemon Pack of the first part and William Pack of the second part all of the County of Tazewell and State of Virginia, WITNESSETH That in consideration of One Dollar in hand paid, the receipt whereof is hereby acknowledged, the said party of the first part hath this day bargained, sold and conveyed. unto the said. party of the second part all that tract, lot or parcel of land lying and being in the County and State aforesaid on the south side of the County road between Baptist Valley and Cedar Bluff and known as a part of the Sheffey lands, adjoining a small tract of said Sheffey land conveyed to William Pack and Angeline, his wife, by deed from Flemon Pack, bearing date on Sept. the 8th, 1903, and containing 25 acres, more or less and bounded as follows - to?wit: Beginning at a stake in the road 333 yards above Moses Beavers? corner and running with said road an easterly course a distance of 2.84 yards to a small white oak and a dead oak stmp (SIC) near the branch that crosses the road thence south to a marked chestnut oak on top of Sugar Camp Mountain and with the top of said mountain to a stake designated a corner between the lands of Flemon Pack and William Pack and Angeline Pack, his wife; thence with the said William Pack and Angeline Pack?s line back to the beginning corner. And the party of the first part covenants with the party of the second part that he will warrant and defend this deed against all other deeds, titles and claims and that he shall forever have quiet and peaceable possession of said land free from all encumbrances and that he has a right to convey the said land and that he has done not acct (SIC) whatever to encumber the said land. Witness the following signature and seal, the day and date first above written Flemon Pack (SEAL) STATE OF VIRGINIA, COUNTY OF TAZEWELL, to-wit: I, T. R. Wingo, a Justice of the Peace in and for the County and State aforesaid, do certify that Flemon Pack, whose name is signed to the foregoing writeing (SIC) bearing date on the 22nd of March 1904, has acknowledged the same before me in my County Given under my hand this March 22nd, 1904. T. R. Wingo, J. P. VIRGINIA In the Clerk?s Office of Tazewell County Circuit Court May 4th, 1904. This deed was presented and upon the annexed certificate of acknowledgment, was admitted to record. Teste; T. E. . George, Clerk --------- MILITARY RECORDS American Civil War Soldiers Name: Fleming Pack Side Served: Confederacy State Served: Virginia Service Record: Enlisted as a Private. Enlisted in Company K, 37th Battn Cavalry Regiment Virginia. Sources: 425 Civil War Service: 37th Battalion Virginia Cavalry, Dunn's Partisan Rangers, Co. K, rank private. 37th Cavalry Battalion was organized in August, 1862, as Dunn's Partisan Rangers. The battalion contained four companies and in November was changed to regular cavalry. Company B was composed of former members of the 4th Regiment South Carolina Infantry, Company F of North Carolinians, and Company K was formerly Captain Pack's Company, 21st Regiment Virginia Cavalry.[his brother, Crockett Pack] Company H was transferred to Swann's Battalion Virginia Cavalry by S.O. No. 130, Hdqrs. Dept. W.Va. and E. Tenn, dated December 28, 1864. It was assigned to W.E. Jones', McCausland's and W.L. Jackson's Brigade. During April, 1864, it totaled 300 effectives and by June had increased its strength to ten companies. It was involved in various operations in western Virginia and East Tennessee, then saw action in the Shenandoah Valley. The unit disbanded in mid-April, 1865. Lieutenant Colonel Ambrose C. Dunn and Major J.R. Claiborne were in command. Civil War Soldiers, 1861-1865 Name: Fleming Pack Side: Confederate Regiment State/Origin: Virginia Regiment Name: 188 Virginia Militia Regiment Name Expanded: 188th Regiment, Virginia Militia Company: C Rank In: Private Rank In Expanded: Private Rank Out: Private Rank Out Expanded: Private Film Number: M382 roll 42 Flem also served in the The 188th Virginia Militia Regiment, Company C from Tazewell County, under the command of Colonel Henry S. Bowen. His brother Tinsley served with him in the same unit. WILL OF REBECCA JANE HOLBROOK PACK Last Will and Testament of Rebecca Jane Pack, recorded in McDowell Co. WV. August 7, 1888 I, Rebeckey Jane Pack, of McDowell County, and State of West Virginia, (but now of Webster County, W. Va.,)do make and declare this to be my last will and testament as follow s: I will and bequeath unto Cosby Holbrook, my mother, and William T. Holbrook, my brother, all of my land situated on the Dry Fork of Tug River, in McDowell county and state of West Virginia, known as my home place, to hold in trust for my two children until they become of age, and in the event of the death of one or both of the children , Flem o r Jennie [Jimmie], the land goes to Cosby Holbrook her lifetime, and In the even t of the death of Cosby Holbrook and one or both of my children, any time before the children should become of age, the land goes to William T. Holbrook, his heirs and assigns forever. Given under my hand , the seventh day of August, one thousand eight hundred and eighty eight. REBECKEY JONES [Jane] PACK.(Seal) Signed and sealed in the presence of these witnesses: John W. Wease, Casander Gadd, J. B. Bentley , Marshal Mullins, Note in margin: "This will was set aside by the United States Circuit Court at Charleston, West Virginia. See Deed Book No. 52, page 41. Her husband was left out of her will. This has an impact on the court case brought by her brother against coal magnate Edwin J. Berwind. NEWSPAPER ARTICLE Bluefield Daily Telegraph, November 22, 1906, page 5 [Note: all of this happened after Flem's death] TITLE OF BERWIND SYNDICATE QUESTIONED McDowell Coal Lands Bone of Contention in Important Suit in Federal Court. REMARKABLE WILL OF REBECCA JANE PACK August 7, 1888 I, Rebeckey Jane Pack, of McDowell County, and State of West Virginia, (but now of Webster County, W. Va.,)do make and declare this to be my last will and testament as follow s: I will and bequeath unto Cosby Holbrook, my mother, and William T. Holbrook, my brother, all of my land situated on the Dry Fork of Tug River, in McDowell county and state of West Virginia, known as my home place, to hold in trust for my two children until they become of age, and in the event of the death of one or both of the children , Flem o r Jennie [Jimmie], the land goes to Cosby Holbrook her lifetime, and In the even t of the death of Cosby Holbrook and one or both of my children, any time before the children should become of age, the land goes to William T. Holbrook, his heirs and assigns forever. Given under my hand , the seventh day of August, one thousand eight hundred and eighty eight. REBECKEY JONES [Jame] PACK.(Seal) Signed and sealed in the presence of these witnesses: John W. Wease, Casander Gadd, J. B. Bentley , Marshal Mullins, The lands devised In the foregoing testament are the bone of contention in one of the most important suits ever known in West Virginia? the case of Edwin J. Berwind et als. vs. W. T. Holbrook, which is now claiming the attention of the federal court at Charleston . There are witnesses from Tazewell county, Va., Cincinnati and McDowell, Webster and Kanawha counties, and the legal battle is being bitterly contested. The attorneys for Holbrook and his associates are William R. Thompson, of Huntington, and the law firm of Avis, Jordan & Hardy, of Charlteston, Edwln J. Berwind and Thomas Fisher, the plaintiffs in the case are represented by Brown Jackson & Knight, of Charleston and Attorneys Chapman and Gillespie, of Tazewell, Va. The case is a most important one, as it is claimed by Berwind and Fisher that the will of Mrs. Pack, which the defense has brought into court, is a rank forgery and one of the rankest ever put on probate. In opening the case Ivory C. Jordan stated in behalf of the defense that they would prove to the jury that the will which was probated is genuine. They claim that in August, 1888, Rebecca Jane Pack was ill at the home of her father, Isaac W. Holbrook, in Webster county, and on the 7th day of August of that year she made a will. Prior to making the will she had stated how she wanted her property, consisting of about 120 acres on Tug river, divided. This will, it is claimed, was made out by Joh n W. Weese in the presence of three witnesses and several relatives of the family. The defense claims that the reason the will was not sent to McDowell county for probate until July, 1904, was that when Mrs. Pack died, she gave the w ill to her mother, Mrs. Cosby Holbrook. This was in a sealed envelope, and just as it was handed to Mrs. Pack on her death bed by Mr. Weese. The mother did not open the will but put it in an old trunk until 1901, when she became sick and gave it to her son, W. J . Holbrook, the defendant in the case, who was poor, and did not take it to the county court in McDowell county until 1904, where he at that time hired attorneys and had the will put on record. Mr. Jordan claims that Mr. Holbrook in the year 1901 started to walk to McDowell from Webster for the purpose of filing the will, but while en route he stopped on Cabin Creek to work and after two years went to McDowell where he placed the will in the hands of the county clerk. Mr. Jackson, in behalf of the state, offered an enlarged photographic copy of the will which was recorded in McDowell, supposed to be the last will and testament of Mrs. P ack. He told of Mr. Pack returning to McDowell county after his wife?s death in Webster with their two infant children; how in the course of time the land owned by Mrs. Pack began to grow' in value, and in 1901 Mr. Pack sold his life interest to Mr. Berwind and Mr. Fisher. In 1902 he sold the estate which belonged to the one surviving child, the other having died when quite young. This land now is being developed as one of the richest coal fields in the state and on these grounds Mr. Jackson claims that the defendant thought they could secure land which did not belong to them, by producing a will which he says is forgery, but if proven to be genuine, it would destroy every title that Mr. Berwind and his associates had on the land. Attorney Jackson pointed out to the jury the peculiar wording of the will and said no sane woman would make a will which would give to h e r older brother property which rightly belonged to her own son. In the will which is in evidence, Mrs. Pack states that she bequeaths on the death of one or both of her sons all of her property to her mother, Mrs. Cosby Holbrook, and in case of her death or the death of one or both of her sons; before they become of age, the property goes to her brother, W. T. Holbrook. T he attorneys for the plain tiff claim that they will be able to show that John W. Weese never made out the will and that it is not in his handwriting. There is only one surviving witness to the will introduced by the defense and he is J. W. Bentley, who was the first witness called after Mr.Black, of Tazewell, and Mr. Rumbach, of Cincinnati, testified as to the photographs exhibited. Mr. Bentley is an old gentleman from McDowell county and claims that he is 75 years of age. He was called in at the Holbrook home in 1888 by John Weese to sign his name to what, he supposes was the will of Mrs. Pack. The attorneys for the plaintiff strongly objected to the witness? testimony and the jury was ordered from the room while the case was argued before Judge Dayton. Mr. Bentley was put upon the stand. He testified that he could neither read nor write and that when he was ca11ed in at the time the alleged will was made as a witness he so informed the parties. The will was read to him and he authorized the signature of his name to it, as he could not write himself. The will in question was handed to him to identify, but he could not identify it as the one that was read to him on that occasion. STORIES Note: Georgia Maude Quesenberry Maxfield, an 80 year old Tazewell resident (deceased), has written these recollections of early Tazewell County life as told to her by her great-grandmother and her grandmother. Her Recollections appeared in the Tazewell Newspaper sometime in the early 1980's. Georgia was the daughter of George & Mary Frances Burress Quesenberry. Collected by Michelle Burruss Flem And The Panther One time, Uncle Flem said he had gone to a place in the woods called a deer lick. It was near a small sink hole, and there were a lot of leaves on the ground. He stretched out ot wait for a deer. He hadn't meant to go to sleep, but nevertheless he did. When he woke up, he judged he'd been asleep about an hour, but he was all covered with leaves. He got up quietly and climbed on a fallen tree - way up high in the roots and hid. He didn't wait long until he heard a sound in the leaves. Lo and behold, there was a mother panther and two cubs. The mother dived into the sink hole and started to dig frantically. This made cold chills go over his entire body. He vowed right then he would never go to sleep in the woods again. So far as we know, he never did. After the panther had searched but not found him, she must have smelled him. She lifted her head and looked straight at him. Flem took careful aim and shot her. He found a club and knocked the cubs in the head. He skinned them and kept their hides to sell to the man from Baltimore. -------- Granny Spence's Witchcraft Solution Saves Cousin Flem Note: There was a Josiah and Anne Spence that lived a few house away from the Pack's in the 1850 Census. Sarah had a 17 year old brother, Flem. The closest neighbor was one we shall not call by name since grandma as well as everybody else said the old woman of the house was a witch. She had several children, one was a girl about the same age as Flem, and she was madly in love with him. One evening as he walked home she met him and began to flirt with him. Flem payed her no mind and left her standing in the road with hurt feelings. By the time he go home he had a sick headache. Grandma stayed up all night with him. At her wit's end, she sent for another neighbor, Granny Spence, who was not afraid of witches. Spence went in to talk to Flem. She asked Flem if he had made any water since the headache began. He managed a weak no. She asked him if he had talked to the neighbor girl. He said yes, she had given him a bloom from a crab apple tree. She asked him what he did with it. Flem said he had put it in his shirt pocket. Granny Spence reached over the bed and took it from his pocket. She then took a new piece of small silver coin from her apron pocket, wrapped the flower around it and swiftly cast them both in the flames of the back log of the fireplace. She told grandma never to take the silver out, always put it back after cleaning the fireplace. Then she told Samantha to fill the three-legged iron kettle with water and let it strike a rolling boil. She told her to take a tin dipper and pour a dipper at a time on the hearth, spreading it all around slowly, letting it fizzle and pop until it drys each time. According to Granny Spence, after half the water had been used, the maggots that would have eaten Flem alive would crawl out of the hearth. This grandma did, taking special care to follow Granny Spence's instructions to the letter. Just as the old lady had told her, the wiggly creatures appeared. Samantha hurried and poured the remaining wather on them then swept them up and cast them int the fire. Granny Spence told her when this part had been done, the guilty party would come and knock on the door and want to borrow something. She told her not to let her have anything, not even a crumb of bread. After Samantha had burned the creatures, she went into the bedroom to see how Flem was feeling. Just then, the wicked neighbor came to the door and knocked. Grandma opened the door with her big homemade broom in her hand. The neighbor wanted to know if Samantha could loan her a cup of dry coffee for supper. Anger welled in grandma, she shook the broom at her and told her no, and never to come to her house again. By the next morning, Cousin Flem was good as new. Shortly after the wicked neighbor moved and was never heard from again.
  Person ID	I2829	Master File
  Last Modified	28 Apr 2017

  
  

  Father	John PACK,   b. Abt 1805, Patrick Co., VA ,   d. Aft 5 March 1897, Tazewell Co. VA  (Age ~ 92 years)
  Mother	Matilda Ann DELONG,   b. Abt 1810, Patrick Co., VA ,   d. Bef 1880, Tazewell Co. VA  (Age ~ 69 years)
  Married	31 Dec 1835	Floyd Co., VA   [1]
  	Marriage Bond Know all men by these presents, that we, John Pack and Martin Slaughter are held and firmly bound unto, L.W. Tazewell, Esq. Governor of the Commonwealth of Virginia, and his successors, in the sum of one hundred and fifty dollars, to the payment thereof, well and truly be made, we bind ourselves, our heirs, executors, and administrators, jointly and severally, firmly by these presents, sealed with our seals, and dated this 21 day of Dec 1835. The condition of the above obligation is such, that, whereas a marriage is intended to be solemnized between the above bound John Pack and Matilda Delong of Floyd County: New, if there be no lawful cause to obstruct the said marriage, then the above obligation to be void, else to remain in full force and virtue. Signed John Pack and Martin Slaughter. Witnessed, Wm. Goodan.
  Family ID	F1975	Group Sheet  |  Family Chart

  
  

  Family 1	Rebecca Jane BURRESS,   b. ca 1844, Virginia ,   d. Bef 1880, Tazewell Co. VA  (Age ~ 35 years)
  Married	Abt 1856
  Children	1. Louisa Elizabeth (Eliza) PACK,   b. Nov 1863, Tazewell Co. VA ,   d. 30 Jan 1938, Tazewell Co VA  (Age ~ 74 years) + 2. William PACK,   b. Apr 1860, Tazewell Co. VA ,   d. 8 Dec 1954, McDowell Co. W. Va  (Age ~ 94 years)   3. James A. PACK,   b. ca 1861, Tazewell Co. VA ,   d. Aft 1910, Possibly Oklahoma  (Age ~ 50 years) + 4. Evaline Frances (Levie) PACK,   b. ca 1863, Tazewell Co. VA ,   d. Aft 1930  (Age ~ 68 years)   5. John Riley PACK,   b. 5 Apr 1869, Indian Creek, Tazewell Co. VA ,   d. 7 Jul 1944, Cedar Bluff Tazewell Co. VA  (Age 75 years) + 6. Margaret Ann PACK,   b. 13 Mar 1870, West Virginia ,   d. 07 May 1955, Camden on Gauley, Webster Co. WV  (Age 85 years)
  Last Modified	6 Apr 2016
  Family ID	F1967	Group Sheet  |  Family Chart

  
  

  Family 2	Rebecca Jane Holbrook,   b. ca 1868, McDowell Co. WV ,   d. Aft Aug 7, 1888, Webster Co. WV  (Age ~ 20 years)
  Married	15 Jul 1884	McDowell Co. WV
  	"Marriage Records of McDowell Co, WV", page 22. Marriage Record, Book 1, 1865-1896, page 113. Flemmar Pack, age 41, widowed, born in Floyd Co, KY, married on 15 Jul 1884 Rebecca R. Holebrook, age 17, born in McDowell Co, WV, daughter of I.W. and Causba [Cosby] Holbrook. His parents are unnamed. The information on the second page, is bumped up one line from the way the book is opened. Fleming was born in Patrick Co. VA, but Rebecca's will indicates this is the correct Fleming Pack. http://www.wvculture.org/vrr/va_view.aspx?Id=11390335&Type=Marriage
  Notes	Flem and Rebecca's father, Isaac Holbrook, possibly knew each other from the Civil War. They both served in Virginia cavalry units that served in the same places.
  Children	1. James PACK,   b. Sep 1890, McDowell Co. WV ,   d. Bef 1910, Tazewell Co. VA  (Age ~ 19 years)   2. Flem PACK,   d. Bef 1900
  Last Modified	18 May 2015
  Family ID	F1973	Group Sheet  |  Family Chart

  
  

• Sources

  [S30] Burruss Family, Michelle Burruss.